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Compliance and AI 8 min read

Approving an AI tool: what to ask the vendor

Six questions, with what a usable answer looks like and what an evasive one looks like. Built to be used in a call, not filed in a folder.

Abstract connected cards as a flow chart
Quick answer

Six questions cover most of it. Where does processing run and which jurisdiction governs the vendor? What is retained, for how long and can you configure it? Is your input used for training, and how does that differ by tier? Who inside the vendor can access your data and under what conditions? Who are the sub-processors and are you notified of changes? And what happens at termination? More telling than the answers is the pattern: a vendor answering concretely and verifiably is a different kind of counterparty from one pointing at a security page.

01

Six questions: location, retention, training, internal access, sub-processors, exit

02

Ask about the difference between tiers, not about the product

03

A good answer can be checked against documentation or the contract

04

A link to a trust page is not an answer

05

Record what was promised, because services change faster than assessments

An eighty-question security questionnaire often yields less than a twenty-minute conversation. Not because the questions are bad, but because they are filled in by someone other than the person who actually knows, and because "yes" to "is data encrypted" carries almost no information.

Here are six questions that do produce something useful, and what to listen for in each answer.

1. Where does processing run, and which jurisdiction governs you?

Two questions asked as one, and they need separate answers.

A vendor can run its servers in Frankfurt and still be a US company. In that case the location of the data centre does not tell you which government can compel disclosure.

Usable answer: the processing region, the domicile of the contracting entity and whether a parent company sits in a different jurisdiction. Evasion: "we host in the EU".

2. What do you retain, for how long and can I configure it?

Ask separately about three things: conversation content, technical logs and attachments. They often have different retention periods.

Also ask what happens between deletion and permanent removal. At most services that gap is around thirty days.

Usable answer: a period for each category, and whether it can be configured per tier. Evasion: "no longer than necessary".

3. Is my input used for training, and does that differ by tier?

The second half matters most. At nearly every provider the answer differs between the free account, the business account and the API.

Push further: does the commitment cover only model training, or also human review and quality assurance? Those are different things, as set out in what "we don't train on your data" actually means.

Usable answer: an answer per tier, with a reference to where it sits in the contract. Evasion: "we do not train on customer data".

4. Who inside your organisation can access my data, and why?

Almost every provider has grounds to review conversations when abuse is suspected. That is not suspicious; it is normal, and it belongs in your assessment rather than outside it.

Usable answer: under what circumstances, by which role, with what approval and whether it is logged. Evasion: "access is strictly limited".

5. Who are your sub-processors, and am I notified of changes?

AI services often rely on other AI services. A tool that works on your PDFs may call a third party's model internally. That third party is then part of your chain.

Usable answer: a current list with role and location, plus a notification period and a right to object. Evasion: a list with no date on it.

AI register
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Search by tool, vendor, domain or former name…
1,012 tools
DeepSeek
Critical · 90/100
Not allowed
Otter.aiNew
High · 68/100
No decision yet
Grok
High · 67/100
Not allowed
ChatGPT
High · 62/100
Allowed
Perplexity
Medium · 55/100
No decision yet
HeyGen
Medium · 53/100
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6. What happens when we leave?

The least-asked question, and the one that best predicts how a vendor thinks about its customers.

Usable answer: an export window, a deletion window and confirmation on request. Evasion: "data is deleted in accordance with our policy".

What to do with the answers

Two things separate an assessment from a filing exercise.

Record what was promised, with a date. Not to catch anyone out, but because AI services change faster than assessment cycles. A commitment made in March is a checkable fact in November. In BeeSensible's AI register you record this for each tool under Documents, with the kind of document, a status, a date and a link to the document.

Decide what triggers a fresh look. Not once a year, but when something happens: an acquisition, changed terms, an incident, a new feature that widens the scope or a change of hosting location. See also why an AI tool catalogue ages instantly.

And keep one thing in mind as you read the answers. All six questions are about the vendor. Together they say nothing about what your people put into the tool. A service can answer all six impeccably and still receive client files every day that should never have gone in. That is a second assessment, and it is not about a contract.

FAQ

Common questions

What should you ask an AI vendor?

Six things: where processing runs and which jurisdiction governs the vendor, what is retained and for how long, whether input is used for training and how that differs by tier, who inside the vendor has access, who the sub-processors are and what happens at termination.

Is a data processing agreement enough?

Necessary but not sufficient. A data processing agreement (DPA) records what is permitted. It says nothing about how the service is built, what retention actually applies or whether your people are putting the right things into it.

What does an evasive answer look like?

A link to a general trust page, a list of certifications with no stated scope or "your data is safe with us". Certifications describe a management system, not what happens to your specific input.

Do we have to assess every AI tool?

No, and you couldn't if you tried. Start with what is actually in use and what company data flows into it. That is a much shorter list than the catalogue, and it is the list that matters.

How often should we reassess?

When something happens, not by the calendar: the vendor is acquired, the terms change, there is an incident, a new feature widens the scope or the hosting moves. Those are the moments when an earlier judgement may no longer hold.

Portrait of Rens Timmermans from BeeSensible

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